Equal Treatment in Land Use Planning: Investigating the Ethics of the Transfer of Development Rights

2015 ◽  
Author(s):  
Francesco Chiodelli

2017 ◽  
Vol 49 (5) ◽  
pp. 1122-1145 ◽  
Author(s):  
Evangeline R Linkous

Transfer of development rights (TDR) is seen as an important tool for land use planning, in large part because it leverages market mechanisms. TDR extends market concepts used primarily in emissions trading programs to the arena of land use. However, with the exception of a handful of success stories, TDR programs generate few transfers. Although researchers generally attribute the weak performance of TDR to program design flaws, this study demonstrates that the unique conditions presented by urban land markets explain, in part, why TDR programs often underperform. I present a case study of a TDR program in Sarasota, Florida, to address two questions. First, what attributes of urban land markets may impact TDR program design and outcomes? Second, is TDR a planning tool that can achieve desired planning goals, given the conditions of land markets? I find that the unique features of land markets—specifically (1) the sensitivity of development to timing; (2) imperfect information, uncertainty, and speculative activity; (3) unique features of land; (4) the limited number of buyers and sellers; and (5) the development orientation of urban political and planning institutions—distort the market for transferable development rights. The Sarasota case demonstrates how local land market characteristics contributed to a set of incremental program design and implementation decisions that, in sum, amounted to significant departures from fundamental program principles and mechanisms. These resulted in imperfect market conditions and rendered the TDR program ineffective.



2015 ◽  
Vol 42 (4) ◽  
pp. 294-305 ◽  
Author(s):  
RUI SANTOS ◽  
CHRISTOPH SCHRÖTER-SCHLAACK ◽  
PAULA ANTUNES ◽  
IRENE RING ◽  
PEDRO CLEMENTE

SUMMARYHabitat banking and tradable development rights (TDR) have gained considerable currency as a way of achieving ‘no net loss’ of biodiversity and of reconciling nature conservation with economic development goals. This paper reviews the use of these instruments for biodiversity conservation and assesses their roles in the policy mix. The two instruments are compared in terms of effectiveness, cost effectiveness, social impact, institutional context and legal requirements. The role in the policy mix is discussed highlighting sequential relationships, as well as complementarities or synergies, redundancy and conflicts with other instruments, such as biodiversity offsets and land-use zoning.Habitat banking and TDR have the potential to contribute to biodiversity conservation objectives and attain cost-effective solutions with positive social impacts on local communities and landowners. They can also help to create a new mind-set more favourable to public-private cooperation in biodiversity conservation. At the same time, these policy instruments face a number of theoretical and implementation challenges, such as additionality and equivalence of offsets, endurance of land-use planning regulations, monitoring of offset performance, or time lags between restoration and resulting conservation benefits.A clear, enforceable regulatory approach is a prerequisite for the success of habitat banking and TDR. In return, these schemes provide powerful incentives for compliance with regulatory norms and ensure a more equitable allocation of the benefits and costs of land-use controls and conservation. Environmentally harmful subsidies in other policy sectors as well as alternative offset options, however, reduce the attractiveness and effectiveness of these instruments. Thus, the overall performance of habitat banking and TDR hinges on how they are integrated into the biodiversity conservation policy mix and fine-tuned with other sectoral policies.



1976 ◽  
Vol 58 (4_Part_1) ◽  
pp. 763-766 ◽  
Author(s):  
Richard L. Barrows ◽  
Bruce A. Prenguber


1977 ◽  
Vol 59 (2) ◽  
pp. 394-396
Author(s):  
Richard L. Barrows ◽  
Marvin B. Johnson ◽  
Bruce A. Prenguber




1973 ◽  
Vol 2 (2) ◽  
pp. 185-197 ◽  
Author(s):  
Donn A. Derr ◽  
Thomas Norman ◽  
Lee D. Schneider

In the Northeast, major problems relating to natural resource use, particularly agriculture, can be attributable in large part to outgrowths of the rural-urban interface. As communities (cities, towns, boroughs, townships, and counties) strive to fulfill their basic needs for health, education, police protection, recreation, housing, highways, and productive open space, new and more sophisticated methods of implementing land-use controls are needed. Experience indicates that in rapidly urbanizing areas traditional land-use mechanisms for directing growth do not guarantee the degree of permanence that is required to preserve productive open space. An alternative land-use control mechanism to ensure open space preservation explored in this paper is the transfer of development rights and the purchase of development easements.





1975 ◽  
Vol 57 (4) ◽  
pp. 549-557 ◽  
Author(s):  
Richard L. Barrows ◽  
Bruce A. Prenguber




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